TERMS & CONDITIONS - WEBSITE USE

1. These Terms and Conditions are specific to users of this website .. www.iconicpix.com ... and do not 
replace the Standard Terms and Conditions issued prior to the supply and downloading of high resolution images 
and which constitute the terms and conditions under which Copyright Licences are granted.

IconicPix warrants that all images and information provided on this web site are the sole and exclusive 
property and/or copyright of IconicPix Music Archive and/or its contributors; and the moral rights of the Images 
and photographic works represented on this site have been asserted.

Downloading of any images and/or webpages constitute an infringement of our Copyright 
and where illegal downloaders are pursued for infringement, a fee per image will be applied and levied accordingly.

2. By obtaining and using a Login and Password to access images on this site, you are entering
into a binding agreement between you and Iconic Music Archive. If you are a freelance researcher
working on behalf of a publisher, this agreement applies to you and your principal. 

If you do not wish to be bound by this agreement, please do not provide any log in details. 
To register for greater access to the site, please reply to the verification e-mail by return, or at the
latest within 24 hours, providing your registration details including contact details.  Access to download 
images in hi-res can only be granted upon your explicit agreement and understanding to the
Standard Terms and Conditions set out below.

Should we not receive a reply to the verification login email and downloading of any material occurs 
using the username and password you provided, it will be deemed as your explicit understanding and
acceptance of these Terms and Conditions.  

Should we not receive a reply to the verification login email within 24 hours, we will delete your log in password 
and username.  We do not store details of unregistered users.

Users who have provided log in details using generic email addresses will be automatically deleted.  Examples of
these are '@yahoo.com' .. '@gmail.com' .. '@live.ru'.

3.  Users wishing to obtain a Password and become an Authorized User must provide accurate
information during the Registration process. - If you are an Authorized User, you are responsible
for protecting the confidentiality of your Login and Password details. 

You may not allow others to use your login and password to access this site without written permission 
from IconicPix Music Archive and you agree to take all reasonable steps to prevent unauthorised persons 
from obtaining your login/password details. 

You, the Authorized User, will be held responsible for any charges arising from downloads of material from 
this site by third parties using your login details, with or without your permission.

4.  Registered Users to whom a Password has been issued (Authorized Users) may download 
high-resolution copies of the images on this site, and use them for the purposes set out in our 
Standard Terms and Conditions below.

In downloading a high-resolution image, you agree to be charged a download fee at our discretion, if the 
image is not used and furthermore agree to pay the appropriate licence fee for any use of that image 
according to our Standard Terms & Conditions below.

5. You may save/download low-resolution "watermarked" preview images from this site for evaluation and
comp/layout purposes only as an image on loan. You may NOT use watermarked images in any final products 
for distribution in printed or electronic form either inside or outside your company -- i.e., you may NOT use
watermarked images for making a presentation to a client -- without prior written permission
from us. You may not modify or remove any visible or invisible electronic watermark. You may
not redistribute or sublicense any image supplied by us or downloaded from this site without our
written authorization.

6. No reproduction rights are granted by virtue of the download of Images unless expressly agreed in
advance. Your right to reproduce an Image arises only if (a) licence terms are agreed and (b) our
invoice relating to the grant of such right is fully paid. Any reproduction before payment of the
invoice or outside the terms of any licence constitutes an infringement of copyright and also a
breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect
of any claims, damages, costs or expenses we incur arising from any reproduction of any Image supplied to you.

IconicPix Music Archive 2011

_______________________________________________________________________________________________

STANDARD TERMS AND CONDITIONS 

SECTION A:  DEFINITIONS

 “IconicPix”                             means IconicPix Music Archive 

“Client”                                   means a Licenced Client or a Potential Client 

“Licence”                                means a Licence granted by IconicPix authorising an entity or a person to reproduce and/or publish
one or more Photos supplied by IconicPix

“Photo or Image”                     means a photographic image in any form whatsoever (including digital, transparency, negative or print copy) 
   and “Photos” or ”Images” means one or more “Photo” or “Image” 

“Digital Image”                        means an electronic copy of a Photo or Image (where scanned from an original negative, transparency or print) 
   or any Photo or Image captured using a digital camera, digital camcorder or digital mobile device 

“Licensed Photo”                     (In relation to a Licensed Client) means a Photo that IconicPix licenses to the Client to reproduce and 
     publish for a Licence Fee 

“Licence Fee”                         means the fee payable by a Licensed Client to IconicPix for a Licence to reproduce and publish the Photo 
    and/or Photos

“Agreed Payment Date”          (In relation to a Licence Fee) means the date on or by which the Licensed Client has agreed 
                                            to pay IconicPix the Licence Fee or, in the absence of an agreement, payment is immediately 
                                            by return on receipt of invoice. 

“Potential Client”                     means a person/entity to whom IconicPix supplies Photos and/or Digital Images with a view to 
enabling that person/entity to decide whether or not to apply for a Licence for the reproduction 
rights in relation thereto 

“Download Fee”                       means a discretionary charge applied by IconicPix as defined in Section B4 and B5 below 

“Hi-Res”                                  means a digital resolution higher than 200dpi (dots per inch) at any overall pixel size

SECTION B:  PROVISIONS RELATING TO LOAN OF PHOTO

On request, IconicPix lends Photos to persons interested in purchasing a Licence to the reproduction rights. 

The Terms and Conditions on which IconicPix makes Photos available to such persons are set out in Section B and C below.

B1              Photos are submitted on loan at the Potential Client’s request, on an approval only basis.  
                   The loan of a Photo to a Potential Client shall not confer upon the Potential Client any right to reproduce the Photo.  
                   Unless otherwise agreed, a loan period shall not exceed seven days commencing from the date of download.

B2              When applying for a Licence to reproduce or publish a Photo, the Potential Client must inform IconicPix of its proposals 
as to when and how the Photo is intended to be used.  IconicPix will then consider whether it wishes to grant a Licence 
and, if so, on what terms

B3                IconicPix reserves the right to charge the Potential Client a service charge of such amount as it shall deem reasonable 
in respect of its administration, scanning and delivery costs in relation to the loan of any Photo (whether or not reproduction 
rights are granted to or applied for by the Potential Client). 

B4                IconicPix reserves the right to charge a Download Fee per individual Hi-Res image downloaded should the Potential 
Client unreasonably download a large quantity of images in relation to the final use and/or fail to Licence any Hi-Res 
images downloaded

B5                The Potential Client, when granted access to download images in Hi-Res on loan for approval reasons only, agrees
 to the following upon expiration of the loan period of seven days from the date of download :                                

1.       delete and destroy all unused Digital Copies not used and confirm in writing

2.       not to store electronically or otherwise on any digital medium any/all of the images downloaded in Hi-Res for approval only

3.       agrees to pay appropriate compensation to IconicPix for any/all infringement of Copyright where the intended 
    loan use of the Photos has been abused 

B6            The Potential Client must indemnify IconicPix and keep IconicPix at all times fully indemnified against any cost, expense, 
                 claim or liability that IconicPix may suffer or incur as a result of any unlawful use of any Photo by the Potential Client or its 
                 agents or employees acting on its behalf and for any other breach of these Terms and Conditions by the Potential Client.

SECTION C:  GENERAL TERMS APPLICABLE TO LOANS AND LICENCES

 C1            The Photos at all times remain the property of IconicPix.  No rights of ownership to the Photos are transferred upon Loan for 
     Approval and/or the granting of a Licence.

 C2            Once agreed between the Client and IconicPix, only the Licensed Rights are applicable to the usage of the Photo at all times 
     and any un-Licensed usage will be regarded as a breach of these Terms and Conditions resulting in a claim for compensation and damages 

C3            In addition to the conditions at Section B5; the Client agrees to delete and destroy all digital images upon the immediate expiration of the 
    Licence granted and where requested by IconicPix to submit confirmation in writing 

C4            For the avoidance of any doubt; payment of a Download Fee where charged confers no rights nor authorises the Client or Potential Client 
    to retain the Photos and compliance at Section B5 is required at all times. 

C5            For the avoidance of any doubt; payment of compensation for any unauthorised usage without a Licence does not confer any rights nor 
    authorisation to the Client or Potential Client.

SECTION D:  TERMS AND CONDITIONS INCORPORATED IN EVERY LICENCE

(Unless and to the extent that IconicPix agrees otherwise in writing) The Terms and Conditions set out herein  

Section D below and the provisions of Section B and Section C above, form part of each Licence.

D1            The Client is under no obligation to reproduce or publish the Licensed Photo(s) and is liable to pay the Licensed 
Fee whether or not it reproduces or publishes the Licensed Photo(s).  

D2            Unless otherwise agreed, the Licensed Client must include the following credit/byline next to the 
Licensed Photo(s) when reproducing or publishing the Licensed Photo(s) :-

 “© (Name of Photographer)/IconicPix” or “Photo by: (Name of Photographer)/IconicPix” 

                If the Client fails to comply with this paragraph the License Fee shall be increased by 50%. 

D3            The Client must satisfy itself that all necessary rights, model releases or consents which may be required for its reproduction 
    of a Licensed Photo are obtained. 

D4            The Client shall not use any Licensed Photo in a context or manner that is likely to (a) demean or cause offence to any 
                person who is depicted in it; or (b) to give rise to a libel complaint; 

D5            The Client shall not digitally alter, enhance, re-touch, manipulate any Licensed Photo(s) (or part thereof) and 
    furthermore may not create a composite image using all or any part of a Licensed Photo without IconicPix’s prior written consent.

D6            The Client may only use a Licensed Photo in the manner and context agreed and authorized by IconicPix.  Furthermore : 

     Under no circumstances may the Licensed Client use a Licensed Photo on or in connection with any form of unofficial 
     merchandising or commercial advertising

 ·               The Licensed Client shall have no right to License or transfer any rights to third parties to reproduce or publish 
                  the Licensed Photo(s). 

D7            IconicPix makes no claim or warranty with regard to the Client’s use of content, names, text, people, trademarks 
or copyright material depicted in any Licensed Photo.

 D8            The Licensed Client will indemnify IconicPix and keep IconicPix at all times fully indemnified against 

                any cost, expense, claim or liability that IconicPix may suffer or incur as a result of any unlawful use 

                of any Licensed Photo by the Client or any other breach of these Terms and Conditions by the Client.

 D9            The Licence granted is not assignable without the prior written consent of IconicPix

 D10          Within 30 days after publication or distribution, the Client must provide IconicPix with 
two complimentary copies or samples of any publication or product in or on which any Photo appears

 D11          IconicPix warrants to the Client that it has the right to grant the Licence and that the Client’s exercise of 
its rights under the Licence will not infringe the rights of any third party.  All claims arising from or 
in connection with the Licence granted by IconicPix shall be limited to an amount equal to the Licence Fee 

D12          You must pay our invoice within 30 days of issue. However in the case of newspaper, periodical and
                broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately
                following publication or use, or within two months of the issue of our invoice, whichever is sooner.

D13          If the Licensed Client shall fail to pay the Fee on the Agreed Payment Date interest shall accrue on
                the amount from time to time outstanding until payment in full at the rate of 4% above the base rate
                of Barclays Bank Plc. 

D14          IconicPix may terminate the Licence by giving the Client immediate notice in writing if any of the following events of:

• The Client committing a material breach of its obligations under the Licence granted

• The bankruptcy of the Client and/or a winding up order is made in respect of the Client or an official receiver is appointed 

• The death of the Licensed Client where he/she is an individual

• In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall
  constitute an infringement of copyright.

D15.         Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a
                mediation procedure recommended by British Photographic Council the costs of which shall be borne by both parties equally.

D16.         These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree
                to submit to the jurisdiction of the English courts.

D17.          No amendment or variation of these Terms and Conditions shall be effective unless it is in writing and signed by a duly authorised 
                 representative of IconicPix Music Archive.

IconicPix MusicArchive 2012